IN THE PROFESSION
August , right before the CDC announced its moratorium , millions of tenants were bracing for the reality of eviction .
The CDC reasoned that this wave of evictions would have a disastrous effect on the spread of COVID-19 if millions of renters were without stable housing during the pandemic . The Order explains , “[ e ] viction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID – 19 … [ and ] allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID – 19 .” See 85 Fed . Reg . at 55294 .
The CDC used its emergency action authority under 42 C . F . R . § 70.2 and Section 361 of the Public Health Services Act to issue the Order . The move reflects the fact that until it was issued , the country had no uniform policy designed to prevent a national eviction crisis that would exacerbate this public health crisis .
Most Tenants are Protected , as Long as they Submit a Declaration To qualify for the moratorium , tenants ( and all adults in the household ) must provide a sworn declaration to their landlords that they :
1 . Expect to have income less than $ 99,000 in 2020 ($ 198,000 for joint filing households ) OR have received a federal stimulus check OR were not required to file federal income taxes in 2019 ;
2 . Are unable to pay full rent to the landlord because of an income loss or “ extraordinary ” medical expenses ; 3 . Have used best efforts to obtain governmental rental assistance ;
4 . Are likely to become homeless or would be forced to move in with others if evicted ; and
5 . Will make partial rental payments that are as close to the full payment as their financial circumstances allow .
See 85 Fed . Reg . at 55293 . Tenants who do not submit the declaration are not protected from eviction , but the Order does not give any deadline for a tenant to submit it . So , a tenant who submits the declaration to their landlord after receiving an eviction order from a court but before actual ejectment can claim the protections to stop execution of the writ of possession . 2
The CDC Order Has Some , but Not Many , Limits Importantly , the CDC Order does not require tenants to show their financial hardship is related to COVID-19 . It does , however , carve out a few exceptions where landlords can proceed with evictions for reasons other than nonpayment of rent when the tenant has :
• Engaged in criminal activity on the premises ;
• Threatened the health or safety of other residents ;
• Damaged or posed an immediate and significant risk of damage to property ;
• Violated an applicable building code , ordinance , or other regulation related to health and safety ; or
( continued on page 15 )
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